What Arguments Can I Use to Challenge a Punitive Damages Award on Appeal?
Courts often assess punitive damages, also known as exemplary damages, against defendants who engaged in egregious behavior. The purpose of punitive damages is to punish misconduct and deter future misconduct.
Unlike compensatory damages, plaintiffs cannot recover punitive damages as a matter of right. The jury has discretion over the amount of the punitive damages’ award, or whether to award anything at all. The punitive damages award does not compensate a plaintiff for his or her injuries, but instead focuses entirely on punishment and deterrence.